The Government of Kerala on 30th December 2021 has notified the Draft Kerala Industrial Relations Rules, 2021 aiming at safeguarding the rights of employers and employees.
The Rules notifies the form of application for registration of trade union. Every application for registration of a Trade Union under section 8 shall be made in Form I, along with a declaration in an affidavit in Form II and the certificate shall be issued in Form III.
The annual return to be furnished under section 26 shall be submitted to the Registrar on or before the first day of June in each year and shall be in Form XII electronically or by post in the case of Individual Trade Unions and in Form XIII electronically or by post in the case of Federation of Trade Unions.
Where there is only one registered Trade Union operating in an industrial establishment having its members not less than one third of the total workers employed in the industrial establishment then the employer of such industrial establishment shall recognise such Trade Union as sole negotiating union of the workers and shall issue certificate of recognition of Trade Union in Form XX and intimate the same to the Verification Officer concerned who shall enter the details in Form XVII:
Provided that any dispute arises, the employer or the Trade Union of the industrial establishment may submit application for verification under rule 34 and Verification Officer shall verify the percentage of support of work.
The employer of an industrial establishment where more than one Trade Union operating shall apply for the verification of support of workers for the recognition of Trade Unions in the Industrial Establishment in Form XIV to the Verification Officer of the area in whose jurisdiction the industrial establishment is situated.
The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated arranged according to the seniority of their service in that category and cause a copy thereof to be posted on a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.
